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3 Procedures Prior to the Hearing

3.1 A student who wishes to appeal a decision of a Faculty shall lodge a written notice of appeal with the Registrar within 10 days of being informed in writing of the Faculty's final decision.

3.2 Within 5 days of receiving a notice of appeal, the Registrar shall send to the appellant a copy of these regulations, and in addition shall inform the appellant that he or she is entitled to appear before the Committee in person and may also be represented by counsel.

3.3 Within 15 days of the regulations being sent to the appellant by the Registrar, the appellant shall file with the Registrar a statement of appeal. This should contain each of the following:

  1. a statement of the decision from which the appeal is being taken
  2. a statement of the relief which the appellant seeks
  3. a brief chronological statement of the circumstances relating to the appeal
  4. copies of any documents which the appellant intends to rely on at the hearing
  5. the names of any witnesses the appellant proposes to call at the hearing (it is the appellant's responsibility to ensure that such witnesses are present at the hearing)

3.4 Within 5 days of its receipt the Registrar shall send the appellant's statement of appeal to the Dean of the faculty from which the appeal is being taken.

3.5 Within 15 days of the appellant's statement of appeal being sent by the Registrar to the Dean of the faculty from which the appeal is being brought, the Dean shall file a response with the Registrar. This should contain each of the following:

  1. a confirmation of the nature of the decision from which the student is appealing or, if the decision is not properly stated in the appellant's statement of appeal, a statement as to the nature of the decision
  2. a statement whether, assuming the appeal were to be allowed, the relief sought by the student ought properly to be granted
  3. the Faculty's response to the grounds of appeal
  4. the Faculty's comments on the chronological statements of events
  5. copies of any documents which the faculty intends to rely on at the hearings
  6. the names of any witnesses the Faculty proposes to call at the hearing

3.6 Within 5 days of its receipt, the Registrar shall send the Faculty's response to the appellant. The appellant shall have 5 days from the date that the Faculty's response is sent by the Registrar to file a rebuttal to any arguments raised in the Faculty's response which he or she has not already addressed in his or her statement of appeal.

3.7 Within 10 days of receipt of the appellant's rebuttal, or of the date on which the appellant's rebuttal would have been due had it been forthcoming, the Registrar shall set a date for the hearing. The hearing should usually take place within two months of the receipt of the appellant's rebuttal or of the date on which the appellant's rebuttal would have been due had it been forthcoming. Prior notice of a hearing is communicated to all parties, and hearing dates and times are scheduled having consulted the parties in advance.

3.8 Prior to the hearing, the Registrar shall circulate copies of material submitted by the appellant and the Faculty to the members of the Committee, the appellant, and the Faculty.

3.9 The time limits referred to in paragraphs 3.1-3.7 are intended as outside limits, and all parties are encouraged to make every effort to proceed more quickly if possible.

3.10 The Registrar may, of his or her own volition or at the request of the appellant or the Faculty, extend the time limits provided for in these regulations. If the Registrar refuses to extend the time limits following the request, then the refusal may be appealed to the Committee as a whole, and the Committee may, acting pursuant to its authority under the University Act, extend the time limits as it sees fit.

3.11 The Senate Committee may, at its discretion, dismiss an appeal for lack of timely prosecution.

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